338 results for 'cat:"Property" AND cat:"Contract"'.
J. Forster finds the district court improperly calculated alimony in this divorce proceeding. There is no evidence in the record supporting the wife’s claimed expense for her adult children. The court should also not have included attorney fees in its calculation of the wife’s alimony. The division of the estate is otherwise affirmed. Affirmed in part. Reversed in part and remanded.
Court: Utah Court Of Appeals, Judge: Forster, Filed On: May 12, 2023, Case #: 20210493-CA, Categories: Family Law, property, contract
J. Ortego finds that the trial court properly determined the developer was entitled to damages on its unjust enrichment claim against homeowners in a dispute over their excavation of adjacent lots. The record shows that the developer proved the elements of its unjust enrichment claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: May 10, 2023, Case #: CA-21-548, Categories: property, Real Estate, contract
J. Ellender finds that the trial court properly ordered specific performance of a residential real estate buy-sell agreement between the parties. The contract was a valid agreement to sell the property to the buyer for $65,000 at a closing at 11:00 am on April 6, 2020. Further minor discrepancies did not have any genuine effect on determining the common intent of the parties, as they continued to execute new addenda. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: May 10, 2023, Case #: 55,092-CA, Categories: property, Real Estate, contract
J. Gladwin finds the circuit court properly granted the counterclaim of the wife of the deceased land purchaser, quieting title to the property, giving her the warranty deed and title insurance, and granting $30,000 in compensatory damages. Payment on the land had allegedly become delinquent after her husband died, though she had no access to purged payment records. She was without her husband’s testimony as to payments he had made or agreements he may or may not have had with the seller’s predecessor in title. The seller also failed to provide sufficient records as proof of nonpayment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 10, 2023, Case #: CV-22-218, Categories: property, Damages, contract
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J. Kenworthy finds that the trial court improperly ruled in contract claims brought after a rental company failed to offer a refund when plaintiff canceled a trip to Florida due to travel restrictions imposed at the onset of the Covid-19 pandemic because plaintiff had the right to rescind the contract in light of the fact that governmental executive orders prevented travel. Reversed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: May 10, 2023, Case #: 22A-SC-1103, Categories: property, Covid-19, contract
J. Stone finds that the trial court properly determined that the interests conveyed in the sale of overriding royalties by BP to Columbine do not contain any limitation as to a zone, unit, formation, or depth, and that Columbine is entitled to all disputed overriding interests. The contract is ambiguous and, since BP was the drafter of the document, any ambiguity is strictly construed against BP. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 10, 2023, Case #: 55,017-CA, Categories: Evidence, property, contract
J. Hoyle finds the trial court properly classified the community and separate property and in the divorce proceeding, unequally dividing the community estate. The court did not abuse its discretion regarding the characterization of certain property as community or separate property. Reimbursements that the husband was ordered to pay as to a camper he was awarded, improvements to the marital residence, and “time, toil, talent and effort,” were well-considered and properly calculated. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: May 10, 2023, Case #: 12-22-00286-CV, Categories: Family Law, property, contract